United States v. American Can Co.
Opinion
lead Opinion
Harris, J.
Petitioner has brought contempt proceedings against respondent American Can Company. The United States asserts that the respondent’s conduct in connection with its dealings with Davis Bros. Fisheries Corporation (hereafter called “Davis”) during the month of January, 1954, constituted a violation of this Court’s decree. 1
*812 Davis, situated in Gloucester, Massachusetts, was a large fish canner. For many years it has purchased metal containers from respondent American Can Company (hereafter called “American”).
During the canning season of 1953 Davis encountered difficulties in its sardine pack. A large percentage of swells slowed up operations on the assembly lines. Several carloads throughout the country contained numerous burst cans which led to cancelled orders. In some areas cases of sardines were consigned to public dumps or destroyed. At one time during the packing season, swells among the cans ran more than 20% of the pack. Losses suffered by Davis jeopardized its .financial position. Toward the end of the year 1953 President O’Hara of Davis was compelled to close his plant and make arrangements for new financing for the year 1954.